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(영문) 부산지방법원 2019.06.20 2018고단4375
상해
Text

Defendant

B Imprisonment for 5 months, Defendant A shall be punished by a fine of 2,00,000 won.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

Defendants are neighbors residing in Busan Jin-gu C.

1. At around 21:40 on December 16, 2017, Defendant B suffered injury on the alleyway near the above C, and on the parking problems with the victim A (the age of 63) in line with the victim’s left-hand cream, which caused the victim’s breath to live in the breath hand, caused the victim’s breath, and caused the victim’s side breath in the stairs rail, and caused the victim’s side breath that exceeded the floor to be treated for about 28 days on the left-hand side.

2. The Defendant assaulted the victim on one occasion by taking the hand floor of the victim’s left kylblocks, while she has been in dispute with the victim B (52 years of age) and parking problems at the time and place of paragraph (1).

Summary of Evidence

[Bodily Injury of Defendant B]

1. Statements of Defendant B in part of the first trial records;

1. A’s legal statement;

1. A CD;

1. The injury diagnosis certificate (A) (A) (the Defendant B) asserts that there is no stimulation by the victim A. However, in the event that the above CD is reproduced, Defendant B’s wife took action to attack the victim by spreading his handway to Defendant B, and Defendant B took action to attack the victim even during the process that Defendant B’s wife kneeped and told Defendant B, and the victim A, who was used after diving, was dead. In addition, Defendant B consistently stated that the victim A was exposed at least once. In full view of these evidence, Defendant B’s act of mutual consent can be sufficiently recognized) [the Defendant A’s act of mutual consent]

1. Statement made by the defendant A in the first trial record;

1. Protocol concerning the examination of suspect B by the prosecution;

1. Application of CD-1 statute

1. Relevant provisions of the Criminal Act and the choice of punishment against the crime A: Article 257(1) of the Criminal Act (Selection of Imprisonment): Article 260(1) of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse (Defendant A);

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (Defendant A) is the victim (Defendant B).

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